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DEPARTMENT 0/ AGRICULTURE 
LABOR and INDUSTRY 

of 

MONTANA 



Chapter 216, Laws of 
Seventeenth Assembly 
March 5 - - 1921 



THE DEPARTMENT OF AGRICULTURE, LABOR 
and INDUSTRY of Montana, by the act of the 
Seventeenth Legislative Assembly of 1921, which 
consolidated under one head the work of the state 
relating to agriculture not theretofore under control of 
the State Livestock Commission or of the Montana State 
College of Agriculture. The functions of the various 
boards and commissions abolished by the law were 
placed in the consolidated department, and new duties 
were added by the law. Generally speaking, the new 
department took over the duties of the State Board of 
Horticulture, Grain Grading, Inspection and Warehous- 
ing Commission, Board of Directors of the Montana State 
Pair, the Dairy Commissioner, the Board of Dairy Com- 
mission Examiners, the Department of Agriculture and 
Publicity, the Department of Labor and Industry, and 
the Board of Poultry Husbandry. An exception to this 
is the duty of sanitary inspection of dairies, which was 
given to the Livestock Sanitary Board. In addition, the 
Commissioner of Agriculture and the new Department 
were given a number of new duties. Among them are: 
Marketing— statistical, research, publications and control; 
supervision of land settlement and colonization; pro- 
tection, encouragement and control of apiaries; testing 
of all grain scales and testers used within the State. 



Heads of 
Departments and 
Divisions 



CHESTER C. DAVIS Commissioner of Agriculture 



JOHN M. DAVIS Assistant Commissioner; Chief Divi- 
sion Grain Standards and Market- 
ing. 

WILLIAM L. SHOVELL Chief, Division of Horticulture 



CHARLES D. GREENFIELD, Jr .Chief, Division of Labor and Pub- 
licity 

GEORGE H. WEBSTER ...Chief, Division of Dairying 

HORACE S. ENSIGN Secretary, Montana State Fair 

FRED J. BEIER, Jr U. S. Statistician and Crop Reporter 




This Publication is Issued and Circulated by Authority of the 
State of Montana. 



By Transfer 
APR 4 1924 



MONTANA 

DEPARTMENT OF AGRICULTURE, 
LABOR AND INDUSTRY 

CHAPTER 216, SEVENTEENTH SESSION LAWS OF 1921. 

An Act Creating a Department of Agriculture, Labor and Industry and 
Defining Its Power and Duties, Designating a Commissioner of Agri- 
culture, Labor and Industry as the Chief Executive Office of Said 
Department, and Defining His Compensation, Powers, and Duties; 
Abolishing the State Board of Horticulture, the State Horticulturist, 
the Board of Directors of the State Pair, the State Dairy Commission- 
er, the Board of Dairy Commission Examiners, the Department of 
Labor and Industry, the Department of Agriculture and Publicity, the 
Grain Grading Inspectiion and Warehousing Commission of the State 
of Montana, and the State Board of Poultry Husbandry; Repealing 
the Following Acts and Parts of Acts of the State of Montana, and 
All Acts and Parts of Acts in Conflict Herewith: Sections 1, 2, 3, 
Including Section 3 — as Contained in Said Section 3 ' and Sections 
4, 5, 6, 7, 8, 11, 12, 13 and 14 of Chapter 199 of the Laws of the Six- 
teenth Legislative Assembly of 1919; All of Chapter 209 of the Laws 
of the Sixteenth Legislative Assembly of 1919 Save and Except Sec- 
tions 25 and 28 Thereof; Sections 1917 to 1923 Inclusive of the Re- 
vised Codes of 1907 as Amended by Chapter 121 of the Laws of the 
Twelfth Legislative Assembly of 1911; Section 1923-A of Chapter 121 
of the Laws of the Twelfth Legislative Assembly of 1911 as Amend- 
ed by Section 1 of Chapter 90 of the Laws of the Sixteenth Legis- 
lative Assembly of 1919; Sections 1924, 1925, 1927, 1930, 1931, 1932, 
1933, 1934, 1936, 1937, 1938, 1939, and 1940 to 1944 Inclusive of the 
Revised Codes of 1907 as Amended by Chapter 121 of the Laws of the 
Twelfth Legislative Assembly of 1911; Sections 3 to 11 Inclusive of 
Chapter 47 of the Laws of the Twelfth Legislative Assembly of 1911; 
Chapter 55 of the Laws of the Thirteenth Legislative Assembly of 
1913; Chapter 15 of the Laws of the Twelfth Legislative Assembly 
of 1911; Chapter 56 of the Laws of the Thirteenth Legislative As- 
sembly of 1913; Chapter 132 of the Laws of the Fourteen Legislative 
Assembly of 1915; Chapter 127 of the Laws of the Sixteenth Legis- 
lative Assembly of 1919; Chapter 69 of the Laws of the Thirteenth 
Legislative Assembly of 1913. 

Be it enacted by the Legislative Assembly of the State of Montana: 

Section 1. There is hereby created a department of the govern- 
ment of the State of Montana to be known as the "Department of 
Agriculture, Labor and Industry." The general purpose of said de- 
partment is the promotion of the agricultural and labor interests of the 
State of Montana as hereafter more specifically provided. 

Section 2. The chief executive officer of the department of Ag- 
riculture, Labor and Industry, hereinafter referred to as the Com- 
missioner of Agriculture, to be appointed by the Governor, by and with 
the consent of the Senate, and such commissioner shall hold office for 
a term of four years or until his successor is appointed and qualified. 

Section 3. Before entering upon the duties of his office, the Com- 
missioner of Agriculture shall take and subscribe the constitutional 
oath of office, and shall give a surety company bond in the sum of 
$5,000 conditioned for the faithful performance of his duties, the cost 
of said bond to be paid by the state. The Commissioner shall receive 



DEPARTMENT OF AGRICULTURE 



an annual salary of $5,000 payable in the same manner as the salaries 
of other state officers, and shall be allowed such expenses as may 
be actually and necessarily Incurred in the performance of his duties. 
He shall maintain his office at the State Capitol. 

Section 4. The Commissioner of Agriculture is empowered to 
prescribe regulations not inconsistent with law for the government 
of his department, the conduct of its employees and clerks, the dis- 
tribution and performance of its business and the custody, use and 
preservation of the records, papers, books, documents and property 
pertaining thereto. He shall also have authority to designate the 
form of and to use a seal to authenticate his official acts. 

Section 5. The Commissioner of Agriculture shall have the 
authority to appoint for the performance of the work of said depart- 
ment such number of secretaries, assistants, clerks, and other em- 
ployees as he shall deem necessary for the performance of the work 
of the department, subject, however, to the approval of the State 
Board of Examiners. All persons so employed shall receive the com- 
pensation fixed by law or fixed by the board or department to whom 
may be entrusted the power to fix the compensation of deputy state 
officers and employees; if not so fixed, the Commissioner of Agri- 
culture shall determine the amount of said compensation. No em- 
ployee of the Department of Agriculture. Labor and Industry who is 
paid a fixed compensation shall receive pay for any extra services 
rendered by him unless expressly authorized by law. 

Section 6. The Commissioner of Agriculture shall annually on or 
before the first day of December, and at such other times as the 
Governor may require, make a report in writing to the Governor con- 
cerning the condition, management, and financial transactions of his 
department. 



GENERAL POWERS OF DEPARTMENT. 

Section 7. The Department of Agriculture, Labor and Industry 
shall have power and it shall be its duty: 

1. To encourage and promote, in every practicable manner, the 
interests of agriculture, including horticulture and apiculture, domestic 
arts, dairying, cheese making, poultry raising, the production of wool, 
and all other allied industries. 

2. To collect and publish statistics relating to the production and 
marketing of crops and live stock, and of beef, pork, poultry, fish, 
mutton, wool, butter, cheese and other agricultural products so far as 
such statistical information may be of value to the agricultural and 
allied interests of the state. 

3. To assist, encourage and promote the organization of farmers' 
institutes, horticultural and agricultural societies, the holding of fairs, 
livestock shows or other exhibits of the products of agriculture. 

4. To establish and promulgate standards for open and closed 
receptacles for farm products and standards for the grade and other 
classification of farm products. 

Inyestig'ate Marketing'. 

5. To co-operate with producers and consumers in devising and 
maintaining economical and efficient systems of distribution, and to 
aid in whatever way may be consistent or necessary in accomplishing 
the reduction of waste and expense incidental to marketing. 

6. To have authority to maintain a market news service, includ- 
ing information as to crops, freight rates, commission rates, and such 



LABOR AND INDUSTRY 



other matters as may be of service to producers and consumers, acting 
as a clearing tiouse for information between producer and consumer. 

7. To gather and diffuse timely information concerning the 
supply, demand, prevailing prices, and commercial moveinent of 
farm products. 

8. To investigate the practices and methods of factors, commis- 
sion merchants and others who receive, solicit, buy, sell, handle on 
commission or otherwise, or deal in grain, dairy products, eggs, 
livestock, vegetables, or other farm products, to the end that the dis- 
tribution of such commodities through such factors, commission 
merchants and others shall be efficiently and economically accomplished 
without hardship, waste or fraud. 

9. To co-operate with the State College of Agriculture, the Ag- 
ricultural Experimental Stations and the Federal Government to the 
end that all available agencies may be employed, to the best advantage, 
for the betterment of the Agricultural industries of the state, for the 
improvement of country life and for promoting equality of opportunity 
for the farmers of the state. 

SnperTision of Land Settlement, 

10. To ascertain, as far as possible, what conditions make for 
the success of a homeseeker and what conditions make for his failure, 
and to assist in remedying such of the conditions which make for 
failure as are capable of remedy. To examine or cause to be ex- 
amined upon application of any land colonization company or lands pro- 
posed for colonization, and to certify his findings when conditions 
warrant: 

(A) That the land is suitable for agricultural purposes. 

(B) That the location of the land with reference to public roads 
and shipping facilities, is favorable to colonization development. 

(C) That the plan of colonization in each instance is in the in- 
terest of the settlers or homeseekers. 

(D) That the terms of payment are on the amortization plan. 

(E) That satisfactory assurance has been given to the Commis- 
sioner that the plan of colonization adopted will not be changed to 
the detriment of the homeseeker. 

11. To conduct and manage the State Fair and to have custody 
of the State Fair grounds, buildings and other property belonging 
thereto. 

12. To take and hold in the name of the State of Montana prop- 
erty, real and personal, acquired by gifts, subscriptions, donations 
and bequests. 

13. To sell and dispose of personal property owned by it in such 
manner as the Commissioner may provide, when in the judgment of 
the department such sale or disposal best promotes the purposes for 
which the department is established. 

14. To contract with the approval of the State Board of Examiners 
in respect to any matter within the scope of its authority. 

Section 8. For the purpose of the orderly administration of the 
affairs of the Department of Agriculture, Labor and Industry, the 
same shall be organized into divisions, which divisions shall have 
charge of the matters hereinafter designated, and such other mat- 
ters properly within the scope of the department, as shall be allotted 
to them by the Commissioner of Agriculture. 



DEPARTMENT OF AGRICULTURE 



DEPARTMENTAL DIVISIONS.* 

Section 9. There shall be four main divisions of the Department 
of Agriculture, Labor and Industry, to-wit: 

The Division of Farming and Dairying. 

The Division of Grain Standards and Marketing. 

The Division of Horticulture. 

The Division of Labor and Publicity. 

The Divisions hereby created are intended for the sole purpose of 
promoting the logical and convenient classification of the work of the 
department, and nothing herein contained shall be deemed to prevent 
any person engaged in the work of a particular division from per- 
forming the work of another division; the Commissioner may like- 
wise create additional divisions at his discretion. 



DIVISION OF FARJ^nNG. 

Section 10. The Division of Farming and Dairying. The Depart- 
ment of Agriculture, Labor and Industry, through the Division of 
Farming, shall enforce all the laws of Montana now existing or here- 
after enacted for the protection and regulation of the farming in- 
dustry in Montana; it shall also make a special study of the con- 
ditions of farm life in Montana and the problems of marketing 
and distribution of farm products, and shall from time to time, 
make recommendations to the Governor concerning needed legis- 
lation upon said subjects; it shall enforce the provisions of Chapter 
12 of the Laws of the Thirteenth Legislative Assembly of Montana 
of 1913, Relating to the purity of agricultural seeds, and of Chapter 
40 of the Laws of the Sixteenth Legislative Assembly of 1919, 
relating to the eradication of the Barberry plant, and of Chapter 61 
of the Laws of the Thirteenth Legislative Assembly of Montana 
of 1913, relating to the control of insect pests and plant diseases. 
The word "farming" as used in this section shall not be deemed 
to include Horticulture, nor the regulation of the livestock industry. 

Section 11. The Division of Farming and Dairying shall in- 
vestigate and bring to the attention of the public the value and 
importance of poultry raising in Montana, and shall publish for free 
distribution reports and bulletins pertaining to the advancement of 
poultry husbandry. Said Division shall also supervise and promote 
local poultry associations, and shall supervise the holding of an an- 
nual State Poultry Exhibition. 

Regulation of Bee Keeping^. 

Section 12. The Division of Farming and Dairying shall regulate 
and promote the business of apiculture in Montana, and shall be 
charged with the duty of instructing the bee keepers of Montana 
in the approved methods of bee keeping and management of apiaries, 
control of bee diseases, and other matters pertaining to the promotion 
of the bee keeping industry in Montana. The Commissioner of Ag- 
riculture shall have authority to prescribe such regulations as in 
his judgment may be necessary to eradicate, prevent or control the 
introduction and dissemination of American or European foul brood of 
bees. 

The authority hereby given shall include the power to order the 
transfer of cl ans of bees from hives or containers which cannot be 

*NOTE: In organizing the Department these divisions were not 
exactly followed. The Division of Dairying is separate, and the work 
intended for the Division is handled directly by the Commissioner's 
office. 



LABOR AND INDUSTRY 



easily examined for brood diseases to otlier hives or containers; to order 
the destruction of infected or contaminated bees, bee liives, brood 
combs, and other equipment; or to order the disinfection thereof; 
to define and prescribe the limits of apiary control districts; quar- 
antine any apiary or district where foul brood or any dangerous or 
infectious disease is present; to prevent the removal from such 
quarantined apiary or district of bees, used bee supplies or equip- 
ment, excepting under permit, or to issue or withhold such per- 
mits. The Commissioner may refuse such permit whenever neces- 
sary in his jiidgment to prevent the dissemination of any bee diseases 
or until he shall have ascertained whether or not such disease is 
present. No person shall sell or offer for sale any apiary, bees, comb, 
or used bee keeping apparatus within a quarantined district without 
a permit from the Commissioner of Agriculture. The Commissioner 
of Agriculture shall have authority, and it shall be his duty upon 
request of owners or of not less than three resident bee-keepers to visit 
and examine, either personally or by deputy, any apiary for the 
purpose of ascertaining the existence of diseases among bees or 
brood. The Commissioner of Agriculture is hereby authorized to 
employ temporarily some competent and qualified person to make 
the inspection and to perform the other duties relative to apiaries 
imposed upon the Commissioner by the terms of this act. 

Section 13. The Commissioner of Agriculture may, in his dis- 
cretion, create a separate division to have charge of the subject of 
Poultry Husbandry and Apiculture. 



DIVISIOIV OF DAIRYING. 

Section 14. The Department of Agriculture, Labor and Industry, 
through the Division of Farming and Dairying shall have general 
regulation of the industry of dairying in the State of Montana, 
save and except as to the sanitary inspection of dairies, creameries, 
butter and cheese factories, and receiving stations, which said duties 
shall be administered by the Livestock Sanitary Board. It shall 
be the duty of the Department of Agriculture, Labor and Industry 
to compile and publish statistics concerning all phases of the dairy 
industry in the state, and to encourage and advertise said industry 
in every possible manner; to carry on a campaign of education 
in conjunction with the extension work of the College of Agri- 
culture and Mechanic Arts of Montana for the purpose of en- 
couraging interest in the dairy industry and of furnishing scientific and 
practical information concerning the same. 

It shall be the duty of the Department of Agriculture, Labor and 
Industry to provide suitable means for the taking of samples of 
dairy products and of all imitations thereof suspected of being 
made or sold in violation of the law, and to analyze or test the 
same, and the Commissioner of Agriculture may require the State 
Chemist to test and analyze said samples. 

Section 15. It shall be the duty of every cheese factory, cream- 
ery, butter, and condensed milk factory, or skimming station in 
the state, where milk or cream is purchased or contributed by three 
or more persons, to register the location of such cheese factory, 
creamery, butter, and condensed milk factory or skimming station, 
and the name of its owner or manager, with the Commissioner 
of Agriculture on or before the first day of April of each year. Be- 
fore the organization of any new factory, notice shall be given at 
once to said Commissioner of Agriculture. It shall likewise be the 
duty of each and all of the establishments in this section named to 
render to the Commissioner of Agriculture, within three days after 



DEPARTMENT OF AGRICULTURE 



the last day of each month, a monthly report of the amount of 
butter, ice-cream, or other dairy products handled or mahufactured 
during the month. 

SuperTise Butterfat Tests. 

Section 16. The Babcock test is hereby adopted as the official 
dairy test for use in the State of Montana. 

Every person operating the Babcock test in any creamery or 
cheese factory, or other place where milk or cream is bought and 
paid for on the basis of its fat contents, shall be required to pass 
such examinations as the Commissioner of Agriculture shall pre- 
scribe, upon the successful completion of which examination he shall 
receive a certificate, signed by said commissioner, stating his com- 
petency to operate said test. A fee of two dollars shall be paid to 
the Commissioner by the applicant for said certificate. Said money 
shall be turned in by said commissioner to the State Treasurer for the 
use and benefit of the general fund of the state. 

All test bottles, pipettes, and other glassware used in connection 
with the Babcock test, where the fat forms a basis for the payment 
of the product, shall be handled and calibrated by the Commissioner 
of Agriculture or his deputies, as often as the commissioner may 
prescribe such testing or calibrating to be done on the premises 
where such glassware is used. All bottles used for the purpose of 
making the Babcock test shall be standard bottles, and shall be 
designated as such by the word "standard" stamped thereon. 

No owner, manager, agent, or employee of a cheese factory, 
creamery, or condensed milk factory shall falsely manipulate or 
under-read or over-read the Babcock test, or any other contrivance 
used for determining the quality of milk or cream, or to make any 
false determination of the said Babcock test, or otherwise. 

All acids used in Babcock tests shall be of the strength indicated 
by the specific gravity reading one and eighty-two hundredths on the 
standard hydrometer. 

Sevtion 17. The standard measure of capacity for milk shall 
be the gallon containing two hundred thirty-one cubic inches; the 
half gallon shall contain one hundred fifteen and five-tenths cubic 
inches, and the quart one-fourth as much as the gallon, and the 
pint one-half as much as the quart. 

The standard measure for the sale of butter and cheese in 
the State of Montana shall be sixteen ounces (avoirdupois weight) 
to the pound, when wrapped or put in container exclusive of the 
wrapper or container. Where weight and measures are stated in 
pounds and ounces, they shall be exclusive of the wrapper or 
other container, and each pound shall contain sixteen ounces, each 
ounce containing four hundred and thirty-seven and one-half grains. 
Any person, persons, firm, or corporation selling or offering for 
sale any article of dairy products as a pound, or any multiple 
thereof, the net weight of which is less than sixteen ounces, or 
the proner multiple thereof, to represent the number of pounds 
sold or 'offered for sale, shall be guilty of a misdemeanor; pro- 
vided, a reasonable variance be permitted, and that tolerances shall 
be established by rules and regulations made by the Commis- 
sioner of Agriculture in accordance with the provisions of this Act. 

That butter sold in the State of Montana, whether manufactured 
on a farm or in a creamery, must have the maker's name clearly 
written or printed on the package in which it is sold, and upon 
each pound package of butter so sold or offered for sale, the words 
"net weight sixteen ounces" shall appear. 



LABOR AND INDUSTRY 



Section 18. All milk, butter, cheese, condensed milk, ice-cream, 
or any diary products shipped into Montana for sale or use, must 
be produced under the same sanitary regulations and require- 
ments as are required for the production of such products in the 
State of Montana. The Commissioner of Agriculture shall have 
authority to require a sworn statement relative to the sanitary 
production of milk and other dairy products shipped into Montana, but 
produced outside of the State of Montana, and if such products 
are not produced under similar sanitary regulations and statutes, 
as required for the production of such products within the State 
of Montana, they shall not be sold, given away, traded, or used 
in the State of Montana. 



GRAEV STANDARDS AND MARKETING. 

Sectionl9. The Division of Grain Standards and Marketing. The 
Department of Agriculture, Labor and Industry, through the Division 
of Grain Standards and Marketing, shall enforce all the laws of the 
State of Montana concerning the handling, weighing, grading, in- 
spection, storage and marketing of grain, and the management of 
public warehouses. 

Section 20. The term "Public Warehouse" includes any elevator, 
mill, warehouse, or structure in which grain is received from the 
public for storage, shipment, or handling, whenever such grain is 
carried or intended to be carried to or from such warehouse, elevator, 
mill, or structure by common carrier. The term "public ware- 
houseman" shall be held to mean and include every person, associa- 
tion, firm and corporation owning, controlling or operating any 
public warehouse in which grain is stored or handled in such a 
manner that the grain of various owners is mixed together, and 
the identity of the different lots or parcels is not preserved. The 
term "grain dealer" shall be held to mean and include every per- 
son, firm, association, and corporation owning, controlling, or oper- 
ating a warehouse, other than a public warehouse, and engaged 
in the business of buying grain for shipment or milling in car- 
load lots. The term "track buyer" shall mean and include every 
person, firm, association and corporation who engages in the busi- 
ness of buying grain for shipment or milling in car-load lots, and 
who does not own, control, or operate a warehouse or public ware- 
house. The terms "agent." "broker," and "commission man" shall 
mean and include every person, association, firm and corporation 
who engages in the business of negotiating sales or contracts 
for grain, or of making sales or purchases for a commission. 

Testing Grain Scales. 

Section 21. The Commissioner of Agriculture shall employ an 
expert tester of scales, whose duty it shall be, under such rules 
and regulations as the commissioner may prescribe, to test the 
scales within this state where grain is weighed at public ware- 
houses, as defined by this act. The person employed by the Com- 
missioner of Agriculture as an expert tester of scales shall collect 
from each person, firm, co-partnership, or corporation, for each 
track scale tested, ten dollars, for each wagon scale, dump scale 
and shipping scale tested five dollars, and for each portable scale 
and grain tester tested one dollar. 

Section 22. The Commissioner of Agriculture shall appoint such 
number of inspectors, samplers and weighers as may be necessary 
to properly and thoroughly enforce the provisions of this act. Such 
inspectors shall be able to qualify under the terms and in ac- 
cordance with the United States Federal Grain Standards Act; no 



10 DEPARTMENT OF AGRICULTURE 

such inspector, sampler or weigher shall be interested directly or 
indirectly in the handling, sorting, shipping, purchasing or selling 
of grain or grain products. 

Section 23. Any inspector, sampler, or weigher, who shall be 
guilty of any neglect of duty, or who shall knowingly or carelessly 
inspect, sample, or weigh any grain, or who shall, directly or 
indirectly, accept any money or other consideration for any neglect 
of duty or any improper performance of duty as such inspector, 
sampler, or weigher, or any person, persons, corporation, or agent, 
who shall improperly influence, or attempt to improperly influence, 
any inspector, sampler, or weigher in the performance of his duties, 
shall be deemed guilty of a misdemeanor, and upon conviction thereof 
shall be fined not less than one hundred dollars nor more than five 
hundred dollars, or be imprisoned in the county jail not less than 
thirty days nor more than one year, or by both such fine and 
imprisonment, in the discretion of the court. 

Section 24. Such cities and towns where grain is received in 
carload lots may be designated by the Commissioner of Agriculture 
as inspection points, and be provided with state inspection and 
weighing, provided, that the expenditures for the inspection and 
weighing at the points designated by the Commissioner shall not 
exceed the receipts of fees at such point or points. The Com- 
missioner may also assign deputy inspectors to such territory or 
portions of the state as it may determine to be necessary, and it 
shall be the duty of such deputy inspectors to inspect grain de- 
livered in less than carload lots in such territory or portions of 
the state to which they may be assigned, to furnish producers 
within such territory or portions of the state with such inspection as 
shall enable them to determine the grade of their grain, and to perform 
such other duties as the Commissioner may prescribe. 

Fix Hand ling' Charges. 

Section 25. All charges made by any public warehousman sub- 
ject to the provisions of this act, for the handling or storage of 
grain, shall be just, fair, and reasonable, and the Commissioner of 
Agriculture is hereby vested with power and authority, upon the 
complaint of any person interested, or by inquiry upon its own mo- 
tion, after a full hearing, to declare any existing charge for the 
handling or storage of grain, or any regulation whatsoever af- 
fecting such charge, or the receipt, handling, or storage, to be un- 
reasonable or unjust, and to declare and order what shall be a 
just and reasonable charge or regulation to be imposed or en- 
forced in place of that found to be unreasonable or unjust. 

Section 26. The Commissioner of Agriculture shall fix and 
establish standard grades to apply to all grain bought or handled 
by public warehouses in this state. The Commissioner of Agri- 
culture shall adopt as state grade standards all grades for grain 
now or hereafter established by the United States Department of 
Agriculture. Standards for grain, other than those fixed as above, shall 
be established by the Commissioner of Agriculture after due notice 
and public hearing, notice thereof to be given by publication in 
three newspapers of the State, at least ten days prior to such hearing. 

Grade standards, or any alteration or modification of such stand- 
ards which the Commissioner of Agriculture may establish, shall 
not become effective within thirty days after publication, except 
in the case of grades established by the United States Department of 
Agriculture, which shall become effective ten days after publica- 
tion. 

All interested persons desiring to be heard shall be permitted 
to give testimony, and such other witnesses may be subpoenaed as 



LABOR AND INDUSTRY 



the Commissioner of Agriculture may deem necessary, which wit- 
nesses sliall be entitled to the same fees and mileage as are pro- 
vided for witnesses in civil actions, and shall be paid out of the 
fund created by the provisions of this Act. Such grain standards 
shall not apply to grain contracted for previous to their dispo- 
sition. 

May Require Cleaning. 

The Commissioner of Agriculture shall, after such hearing, make 
and issue reasonable rules and regulations governing the dockage 
which shall be made on inferior grades and in all executory con- 
tracts thereafter entered into, provided that the same shall not 
conflict with the terms of the United States Federal Grain Standard 
Act. Where the price or amount to be paid therefor depends upon 
terminal weight or grade, such rules and regulations shall control 
the dockage in so far as the same affects the price to be paid, 
and such rules and regulations shall become part of the contract 
of sale. The Commissioner of Agriculture shall also make pro- 
visions for sample inspection of grain, make rules and regulations 
governing same, and provide that such inspection when made shall 
be final. 

The Commissioner of Agriculture shall have power to require, 
after personal notice of not less than thirty days served upon 
any warehouseman and a public hearing, cleaning apparatus to be 
established where none now exists to remove dockage and the 
return of same to the owner, or its equivalent in value, less clean- 
ing charges, which may be fixed by the Commissioner of Agri- 
culture. 

The Commissioner of Agriculture shall, during the grain-marketing 
season, appoint such deputy inspectors as they deem necessary to 
visit the grain-growing districts for the purpose of investigating 
grain grading, dockage, and weighing and enforcing the rules and 
regulations laid down by the Commissioner. 

It shall be the duty of the Commissioner of Agriculture, im- 
mediately after the establishment of such grades, and the promulga- 
tion of rules and regulations fixing dockage, as herein provided, 
to supply all public warehousemen, which the records of his office 
show are then or thereafter engaged in operating such warehouses, 
with a copy of such grades, rules and regulations. It shall be the 
duty of every public warehouseman to keep such copy on file in a 
convenient place in every such warehouse, and if an office is main- 
tained in connection with such warehouse, a copy of such grades, 
rules and regulations shall be kept on file in such office, and a 
placard notice posted in a conspicuous place in every such ware- 
house and such office, reading as follows: "A copy of Montana 
grades, rules, and regulations is on file here for information of 
interested parties." 

Every such warehouseman shall exhibit such copy of grades, rules, 
and regulations to any interested party applying therefor at any such 
warehouse or office, and permit such interested party to examine and 
consult such copy. 

Section 27. The Commissioner of Agriculture shall fix the fees 
for inspection and weighing of grain, and such fees shall be a 
lien upon such grain until paid. 

Authority of Inspectors. 

Section 28. The inspectors, samplers and weighers shall, at 
places provided for state inspection, have exclusive control of the 
weighing and grading of grain to be inspected, and the certificates 
of such officers relative to such weighing and grading, shall be 



12 DEPARTMENT OF AGRICULTURE 

conclusive upon all parties interested. Suitable books and records 
shall be kept, in which shall be entered a faithful and true record of 
every car-load of grain inspected or weighed by them, and show- 
ing the number of and initial or other designation of the car 
containing such carload, its weight, the kind of grain and its grade, 
and if graded below standard No. 1 grade, the reason for such grade, 
if of inferior grade, the amount of such dockage, the amount of 
fees and forfeitures and disposition of the same, and for each car 
of grain they shall give a certificate of inspection, showing the 
kind and grade of the same and the reason for all grades below 
No. 1, the amount to be allowed for dockage, if any. They shall also 
furnish the agent of the Railroad Company, or other carrier over 
which such commodity was shipped or carried, a certicate showing 
the weight thereof, if requested to do so. They shall also keep 
a true record of all appeals, decisions, and a complete record of 
every official act, which books and records shall be open to in- 
spection by any party in interest. 

Section 29. Upon written complaint filed with the Commissioner 
of Agriculture, charging an inspector, sampler, or weigher with of- 
ficial misconduct, inefficiency, incompetency, or neglect of duty, the 
Commissioner of Agriculture shall investigate such charges, and if 
it be found Sustained shall remove such officer. 

Appeal From Grading. 

Section 30. In case any owner, consignee, or shipper of grain, or 
any warehouseman shall be aggrieved at the grading of such commodity, 
such aggrieved person may appeal to the Commissioner of Agriculture 
from such decision within ten days from the date of certificate, by 
giving notice of appeal and paying a fee to be fixed by the Commis- 
sioner of Agriculture, which shall be refunded if the decision ap- 
pealed from is sustained. Such notice of appeal may be given by letter 
or notice to the Commissioner of Agriculture, stating that such party 
appeals from the decision of the inspector, and specifying the initials 
and numbers of the cars in which such grain was contained when 
inspected and graded. 

The appellant shall also file with the Commissioner of Agriculture 
a list containing the names and addresses of all parties interested 
in the subject matter. It shall be the duty of the Commissioner of 
Agriculture, upon receiving such notice and list of interested parties, 
to immediately notify the parties interested of the time and place 
designated by it for a hearing, and at such time and place, which 
shall be five days from the date of receiving such notice, hold 
a hearing and inquire into the reasonableness and correctness of such 
original grading, and such evidence shall be received as parties 
thereto may desire to offer. After such hearing, the Commissioner 
of Agriculture shall make such order affirming or modifying the 
grade so established by the inspector as the facts and evidence may 
justify. 

Section 31. Every public warehouseman shall receive for storage 
and shipment without discrimination of any kind so far as the ca- 
pacity of his warehouse will permit, all grain tendered him in the 
usual course of business in suitable conditions for storage. A ware- 
house receipt, in form prescribed by law and the rules and regula- 
tions of the Commissioner of Agriculture, shall be issued and de- 
livered to the owner, or his represenative, immediately upon receipt 
of such load or parcel of grain. 

Section 32. Upon the return of the receipt to the proper ware- 
houseman, properly indorsed, and upon payment or tender of all ad- 
vances and legal charges, grain of the grade and quantity named 
therein shall be delivered to the holder of such receipt within forty- 



LABOR AND INDUSTRY 



eight hours after the facilities for receiving the same have been pro- 
vided, or such warehouseman shall deliver such grain at terminal, 
or the equivalent market value thereof on said date, less any 
freight charges to terminal, and such other charges and commis- 
sions as may be allowed by the Commissioner of Agriculture. 

Owners of warehouse receipts surrendered for shipment shall 
furnish the warehouseman with written instructions regarding the 
capacity of cars to be ordered from the transportation company, and 
as to the manner of loading and billing shipments made in such cars as 
are furnished by the transportation company. The warehouseman shall 
load and bill all such shipments in exact accordance with instructions 
given, and shall be liable to the owner of the warehouse receipt so 
surrendered for the amount of any excess freight paid, or for other 
damages suffered by the owner of the warehouse receipt, resulting 
from the failure of the warehouseman to follow accurately the 
loading and billing instructions as given him. 

Bond and License Kequired. 

Section 33. On June 30th of each year every warehouseman shall 
make report, under oath, to the Commissioner of Agriculture, on blanks 
or forms prepared by him, showing the total weight of each kind of 
grain received and shipped from such warehouse licensed under the 
laws of Montana, and also the amount of outstanding storage receipts 
on said date, and a statement of the amount of grain on hand to 
cover the same. The Commissioner of Agriculture may also require 
special reports from such warehousemen at such times as the Com- 
missioner may deem expedient. The Commissioner may cause every 
warehouse and business thereof and the mode of conducting the 
same to be inspected by one or more of its members, or by its 
authorized agent, whenever deemed proper, and the books, records, 
accounts, papers, and proceedings of every such warehouseman shall 
at all times during business hours be subject to such inspection. 
Each person, firm, corporation, or association of persons operating 
any public warehouse or warehouses subject to the provisions of 
this act, and every track buyer, dealer, broker, or commission man, 
or person or association of persons, merchandising in grain, shall, 
on or before the first day of July of each year, give a bond with 
good and sufficient sureties, to be approved by the Commissioner 
of Agriculture, to the State of Montana, in such sum as the Com- 
missioner may require, conditioned upon the faithful performance of 
the acts and duties enjoined upon them by law. Every person or 
persons, firm, co-partnership, corporation, or association of persons 
operating any public warehouse or warehouses, and every track buyer, 
dealer, broker, commission man, person or association of persons 
merchandising grain within the State of Montana, shall, on or be- 
fore the first day of July of each year, pay to the state treasurer 
of the State of Montana a license fee in the sum of fifteen dollars 
for each and every warehouse, elevator, or other place, owned, con- 
ducted, or operated by such person or persons, firm, co-partnership, 
corporation, or association of persons, where grain is received, stored 
and shipped, and upon the payment of such fee of fifteen dollars 
for each and every warehouse, elevator, or other place where grain 
is merchandised within the State of Montana, the Commissioner of 
Agriculture shall issue to such person or persons, firm, co-partnership, 
corporation, or association of persons, a license to engage in grain 
merchandising at the place designated within the State of Montana, 
for a period of one year. Any person, firm, association or corporation, 
who shall engage in or carry on any business or occupation for 
which a license is required by this act, without first having pro- 
cured a license therefor, or who shall continue to engage in or 
carry on any such business or occupation after such license has been 



14 DEPARTMENT OF AGRICULTURE 

revoked (save only that a public warehouseman shall be permitted 
to deliver grain previously stored with him), shall be deemed guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined not 
less than twenty-five dollars nor more than one hundred dollars, and 
each and every day that such business or occupation is so carried on 
or engaged in shall be a separate offense. 

Inspection for Sliipment, 

Section 34. In case grain is sold for delivery on Montana grade 
to be shipped from places not provided with state inspection under 
this act, the buyer, seller, or person making the delivery may have 
it inspected out by notifying an inspector, whose duty it shall be to 
have such grain inspected, and after it is inspected, to issue to the 
buyer, seller, or person delivering it, on request, an inspector's cer- 
tificate showing the grade of such grain. The person or persons calling 
for such inspection shall pay for the same a reasonable fee, to be 
fixed by the Commissioner of Agriculture. 

Grain that is shiped to points within the state where no inspection 
is maintained may be inspected on ' request of either the buyer or 
seller, and a certificate may be issued showing the grade of such 
grain. The charge for such service shall at least equal the entire 
cost thereof, and shall be paid by the party calling for the same. 

Section 35. From all grain shipped to terminal warehouses, and 
from all grain inspected or weighed, samples may be drawn, which 
samples shall become the property of the state, and subject to dis- 
position by the Commissioner of Agriculture, under such rules and 
regulations as the Commissioner may prescribe. 

It shall be the duty of the Commissioner of Agriculture to trans- 
mit samples of grain, showing the standards thereof adopted, to such 
chambers of commerce, boards of trade, exporters and persons, firms, 
corporations, or associations handling and dealing in grain, as the 
Commissioner may designate, and upon request he shall furnish such 
samples to smaller parties in this state or the United States, under 
such reasonable rules and regulations as the Commissioner may pre- 
scribe. 

Section 36. All inspectors, samplers and weighers, before opening 
the doors of any car containing grain, upon arrival at any of the 
places designated by the Commissioner of Agriculture for inspection, 
shall first ascertain the condition of such cars, and determine whether 
any leakages have occurred while said cars were in transit, whether 
or not the doors were properly secured and sealed at point of ship- 
ment, and shall make a record of such facts in all cases, giving seal 
numbers. 

After such examinations have been made, the state officials shall 
securely close and re-seal such doors as have been opened by them, 
using the special seal of the Commissioner of Agriculture for the 
purpose. 

A record of all original seals broken by said officials and the 
date when broken, and also a record number of said seals shall be 
made by them. An inspector, weigher, or sampler shall break the 
seal, weigh and superintend the unloading of all cars of grain 
subject to inspection, and it shall be unlawful for any other person, or 
persons to break the seal or weigh such cars of grain. 

Weig'hman's License. 

The Commissioner of Agriculture shall have power to require 
all persons, firms, corporations, or warehousemen engaged in weigh- 
ing grain within the State of Montana to obtain a license, and 
prescribe rules and regulations governing the application for and 
the issuance of such licenses, but no fee shall be charged therefor, 
and any person, firm, corporation, or warehouseman, who shall 



LABOR AND INDUSTRY 15 



weigh any grain without first having obtained license, shall be 
guilty of a misdemeanor, and upon conviction thereof shall be pun- 
ished by a fine of not less than twenty-five dollars nor more than 
two hundred dollars. 

All fees, licenses, and other charges collected under the pro- 
visions of this act shall be, by the person collecting the same, paid 
to the state treasurer of the State of Montana, and by said treasurer 
placed in the general fund. 



DIVISION OF HORTICULTURE. 

Section 37. The Division of Horticulture. The Department 
of Agriculture, Labor and Industry, through the Division of Horticul- 
ture, shall enforce all of the laws of the State of Montana now in 
force or hereafter enacted, relating to the protection and regulation 
of the industry of horticulture in the State of Montana. 

Section 38. For the convenient administration of the laws of 
the state relative to the industry of horticulture, the Commis- 
sioner of Agriculture may divide the state into horticultural districts, 
grouping the several counties in such manner as he may deem ex- 
pedient. 

Section 39. For the purpose of preventing the spread of con- 
tagious disease among fruit and fruit trees, and for the prevention, 
treatment, cure and extirpation of fruit pests and 'diseases of fruit 
and fruit trees, and for the disinfection of grafts, scions, and orchard 
debris, empty fruit boxes or packages, or other suspected material 
or transportable articles dangerous to orchards, fruit, and fruit trees, 
the Commissioner of Agriculture may prescribe regulations for the 
inspection, disinfection, or destruction thereof, which regulation shall 
be circulated in printed form by the Commissioner among fruit 
growers and fruit dealers of the State, and shall be published at 
least ten days in two newspapers of general circulation in the state, 
and shall be posted in three conspicuous places in each county in the 
state, one of which shall be at the county court house thereof. For 
further prevention of the spread of diseases dangerous to fruit and 
fruit trees, it shall be unlawful for any person, or persons, dealer 
or dealers, to allow, or caused to be used a second time, any crate, 
box, barrel, package, or wrapping once having contained fruit or nursery 
stock, except that at the written request of a nurseryman, an in- 
spector may permit boxes or packages having contained nursery stock 
to be thoroughly fumigated by him or in his presence, at the expense 
of the nurseryman, for which said inspector shall give a receipt 
and duly mark the box or package; otherwise the destruction of 
the same must be made in its entirety, and the finding of such crate, 
box, barrel, package, or wrapping in possession of any person or 
persons, dealer or dealers, other than the consignee, shall be con- 
sidered prima facie evidence of a violation of this act. 

The Commissioner of Agriculture or his authorized representative 
is hereby authorized to seize and destroy by burning, without breaking, 
such crate, box, barrel, package, or wrapping wherever found, and 
to prosecute said violator or violators. 

Horticultural Inspectors. 

Section 40. The Commissioner of Agriculture shall appoint in- 
spectors of fruit pests in such number as he may deem necessary 
for the proper administration of the horticulture laws. Said in- 
spectors shall be selected with reference to their knowledge and 
practical experience in horticulture. It shall be the duty of such " 
inspectors to visit the nurseries, orclaards, stores, packing houses, 
warehouses, and other places where horticultural products and fruits 



DEPARTMENT OF AGRICULTURE 



are kept within their respective district, and shall see that the regula- 
tions of the Department of Agriculture, Labor and Industry, and the 
laws of the state with reference to the disinfection of fruits, trees, 
plants, grafts, orchard debris and empty fruit boxes and other material 
shall be fully complied with. Said inspectors shall have access, at 
all times, to all orchards or places where horticultural products 
or supplies are kept or handled and shall have full power to enforce the 
rules and regulations of the Commissioner of Agriculture, and to order 
the destruction and disinfection of any or all trees, plants, fruits, 
or horticultural products or supplies when found to be infected. 

Section 41. The Commissioner of Agriculture shall have the power 
to appoint some competent and qualified person to enforce the laws 
of the state relative to the grading and marketing of fruits and traffic 
and nursery stock, the control and destruction of insect pests, fungus 
and bacterial diseases, to enforce the law relative to the licensing 
of persons engaged in the business of selling or importing fruits, 
trees, plants or nursery stock in this state, and to supervise and 
direct the horticulture inspection service and the dissemination of 
horticultural knowledge. 

Section 42. The Commissioner of Agriculture, subject to the ap- 
proval of the State Board of Examiners, in special instances, may 
employ a specialist for the purpose of investigating the source, con- 
trol and destruction of insect pests, fungus and bacterial diseases 
of orchards, trees, shrubs, plants or nursery stock in this state; such 
employment shali be for a period not exceeding six months in any 
one year, and shall be on such terms as may be agreed upon by the 
Commissioner of Agriculture and the State Board of Examiners. 

Nursery Stock Inspection. 

Section 43. It shall be the duty of every person or persons, cor- 
poration or corporations, who sell or deliver to any person or persons, 
corporation or corporations, any trees, plants, vines, scions, or grafts 
not previously inspected under the provisions of this act, to notify the 
Commissioner of Agriculture, whose duty it shall be to notify the in- 
spector of said district wherein such vines, etc., etc., are to be de- 
livered, at least five days before said goods are to be delivered, giv- 
ing the date and nursery or railroad station where said trees, plants, 
grafts, scions, etc., etc., as soon thereafter as practicable, and if the 
party or parties who are to receive the same. It shall be the duty 
of the inspector receiving said notice to inspect the said trees, plants, 
grafts, scions, etc., etc., as soon thereafter as practiable, and if the 
same be found free from any and all diseases and pests, he shall so 
certify, and attach a certificate of inspection to each lot or bill or 
trees, grafts, plants, scions, etc., which said certificate must contain, 
a list of the said trees, grafts, scions, vines or plants so inspected. 
But if any of the trees, grafts, scions, vines, or plants so inspected 
shall be found to be diseased or infested with any of the pests, as 
prescribed by the Commissioner of Agriculture, then the inspector 
shall order the disinfection or destruction of said trees, grafts, scions, 
vines, etc., etc., so diseased or infested, together with all boxes, 
wrapping, or packing pertaining thereto; provided, that when any 
fruit or nursery stock Is condemned by any inspector, said inspector 
shall notify the owner thereof, who may appeal to the Commissioner 
of Agriculture, whose decision shall be final, and charge and collect 
the sum of ten dollars for the disinfection and inspection of each 
carload of said nursery stock, and a proportionate sum for less than 
carload lots, as fixed by the Commissioner; provided that the Com- 
missioner of Agriculture shall have power to designate certain places 
' as quarantine stations, where all nursery stock brought into the state 
shall be inspected and disinfected; provided, that the provisions of 
this act shall not apply to any plants known as greenhouse plants 



LABOR AND INDUSTRY 17 



and grown under glass. For the inspection of fruit, a fee of two 
cents per box or package, with a maximum fee of five dollars 
for each separate lot or car shall be charged and collected. The 
inspector shall collect such fees and shall not give certificates of 
inspection until the fees are paid. 

Section 44. If any person or persons in charge or control of any 
nursery, orchard, storeroom, packinghouse, or other place where hor- 
ticultural products or supplies are handled or kept, shall fail or refuse 
to comply with the rules and regulations of the Commissioner of 
Agriculture, or shall fail or refuse to disinfect or destroy diseased or 
infected trees, plants, scions, vines, grafts, slirubs, or other horticultural 
supplies or products, when ordered so to do by the inspector of such 
district, he shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof, shall be fined in any sum not less than twenty-five dol- 
lars nor more than three hundred dollars. 

Power of Condemnation. 

Section 45. If any person, firm or corporation, or the legal rep- 
resentative of any person, firm or corporation, owning any orchard, 
tree, shrub or plant which is known to be infected with any injurious 
insect pest or disease and which thereby becomes a menace to the 
agricultural or fruit industry of this state shall fail, refuse or neglect to 
comply with the instructions of the Department of Agriculture, Labor 
and Industry, or its authorized representatives, for the eradication 
or control of such injurious insect pests or disease or the destruction 
of said infected orchard, tree, shrub, or plant, if in the judgment 
of said Department, or its authorized representative, such destruction 
shall be deemed necessary, within the time specified by the said de- 
partment, or its authorized representative, the said commissioner of 
Agriculture, or his authorized representative is hereby empowered 
to condemn, remove, or destroy any such orchard, tree, shrub or plant 
and if such owner or his legal representative shall fail, neglect or 
refuse to pay the cost of such removal or destruction of such 
orchard, tree, shrub or plant, within thirty days after due notice 
has been given by mailing to the owner at his last known post of- 
fice address, then said cost and expense shall become a lien on the 
land of the owner and shall be added by the county treasurer to the 
taxes upon said property and collected as other taxes. 

Section 46. Every person who, for himself or as agent for any 
other person or persons, corporation or corporations, transportation 
company, or common carrier, shall receive, deliver or turn over to any 
person or persons, corporation or corporations, any trees, vines, shrubs, 
nursery stock, scions, grafts and fruits without first having at- 
tached an inspector's certificate, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof, shall be fined in a sum not 
less than twenty-five dollars nor more than three hundred dollars. 

NnrseiTnian's License. 

Section 47. It shall be unlawful for any person, firm, or cor- 
poration to engage in, conduct, or carry on the business of selling, 
dealing in, or importing into this state for sale or distribution, any 
nursery stock, or to act as agent, salesman, or solicitor for any 
nurseryman or dealer in nursery stock, or to solicit orders for the 
purchase of nursery stock, without first having obtained from the 
Commissioner of Agriculture and having in force a license to do so, and 
it shall be unlawful for any person to falsely represent that he is an 
agent, salesman, solicitor, or representative of any nurseryman or deal- 
er in nursery stock. No license shall be issued until the applicant 
therefor shall have atttested to the application for a license furnished 
upon request by the Commissioner of Agriculture, paid the fee, and 
furnished the bond, as in this act required. The license fee shall 



DEPARTMENT OF AGRICULTURE 



be twenty-five dollars per annum for nu; serymen and dealers in nursery 
stock, and all agents, salesmen and solicitors for licensed nurseries 
shall be granted salesmen's certificates free of charge. All licenses 
shall be in the name of the person, firm, or corporation licensed, 
and shall show the purpose for which issued, the name and location 
of the nursery or place of business of the nurserymen or dealer licensed 
or represented by the agent, salesman, or solicitor. All applications 
for a license must be in the name of the person, firm, or corpora- 
tion to be licensed, also it must show the nursery acreage repre- 
sented by the applicant, and such other information as is desired by 
the Commissioner of Agriculture. All licenses shall bear the date 
of issue and shall expire the first day of July next following the 
date of issue; provided, that all licenses in force at the time of the 
taking effect of this act shall continue in force during the term 
for which they were issued, unless sooner revoked, and any holder 
of such license applying for a license under this act prior to the first 
day of July next following the expiration of his former license 
shall be required to pay therefor only the proportional part of the 
fee required for the annual license, for the remaining portion of the 
year until the first day of July next following. 

Every nurseryman or dealer in nursery stock, applying for a 
license under this act, shall make, execute, and file with the 
Commissioner of Agriculture a bond running to the State of Mon- 
tana, in the sum of one thousand dollars, with surety or sureties 
to be approved by the Commissioner of Agriculture, conditioned for 
the faithful compliance by the applicant with all of the provisions 
of this act and the laws of the State of Montana relating to the 
sale, disposition, delivery, inspection and disinfection of nursery 
stock grown, dealt in, imported, sold, handled, or delivered by him 
during the term of the license applied for, and the term or terms 
of renewal of the same, and conditioned further that all nursery stock 
sold or delivered by him during said term shall be true to name, 
ag'e, and variety as represented, and free from the diseases and 
pests required to be guarded against by the horticultural laws and 
regulations of the State of Montana. 

Every licensed nurseryman or dealer in nursery stock who 
shall have complied with the provisions of this act, shall be entitled, 
upon the expiration of his license or any renewal thereof, by the 
payment of the fee of twenty-five dollars on or before the date of the 
expiration of his license or any renewal thereof, to have his license 
renewed for the ensuing year ending July 1st, so long as the bond 
originally given in compliance with the provisions of this section shall 
remain in force. 

A license may be refused at any time, or revoked when the 
person, firm, or corporation applying therefor has been adjudged 
bankrupt, insolvent, or guilty of fraud or deceit by any court of 
competent jurisdiction. 

The cancellation or revocation of, or the withdrawal of the 
sureties from any bond filed in accordance with the provisions of 
this act, shall ipso facto work a suspension of the license of the 
principal of said bond, and the license of all agents, salesmen and 
solicitors employed by and representing him until such a time as 
such principal shall furnish a new bond to be approved by the 
Commissioner of Agriculture. 

Upon complaint in writing, verified under oath by the com- 
plainant, being made to the Commissioner of Agriculture, that the 
holder of any license in this act provided for has violated or failed 
to comply with the provisions of this act or the laws of the State 
of Montana relating to horticulture, the Commissioner of Agri- 
culture, if in his judgment the complaint is justified, may revoke the 
license of the nurseryman complained of. 



LABOR A ND INDUSTRY 19 

Msrepreseiitatioii of Nursery Stock. 

It shall be unlawful for any person to falsely represent or to 
misrepresent the name, age, variety, or class of any nursery stock 
sold or offered for sale, or to falsely represent or state that any nursery 
stock offered for sale, sold, or delivered was grown in or came 
from a certain nursery or locality, when in fact such nursery 
stock was grown in or came from another location or nursery, or 
to deceive or defraud any person in the sale of any nursery stock 
by substituting inferior or different varieties or ages from those 
ordered, or to wilfully or intentionally bring into this state, or to 
offer for sale or distribution within this state, or to ship, sell, or 
deliver upon any sale any nursery stock that is infected or in- 
fested with any disease or insect dangerous to the horticultural in- 
terests of the state, and in case of such misrepresentation, false 
representation, deceit, fraud, or substitution, shall be subject to pun- 
ishment as provided by the statute for misdemeanor, and shall be 
liable to the person, firm, or corporation damaged or injured there- 
by, the amount of all damage sustained to be recovered in a civil 
action in any court of competent jurisdiction; and any person, 
firm, or corporation suffering damage by reason of having pur- 
chased any nursery stock of a licensed nurseryman, or dealer in 
nursery stock, delivered within this state, or shipped from a point 
within or without this state for delivery within this state, or by 
reason of the destruction of such infected or infested nursery stock 
by or under the direction of any horticultural inspector, as in this 
act provided, or by reason of receiving any nursery stock which is 
not true to name, age, variety, or class as represented by the 
nurseryman, dealer, agent, salesman, or solicitor selling the same, 
or as ordered, shall have recourse against the bond filed by the 
licensed nurseryman or dealer from whom such stock has been pur- 
chased, for all damages sustained, including damages in case of 
misrepresentation, deceit, fraud, or substitution, which damage may 
be recovered at the suit of the party injured against the nursery- 
man or dealer causing the damage and the sureties on such bond, 
in any court of competent jurisdiction; provided, no liability shall 
attach on such bond by reason of nursery stock being untrue to name, 
age, variety, or class, unless at least five per cent, of any variety 
ordered shall prove untrue to name, age, variety, or class. 

It shall be the duty of all nurserymen or dealers in nursery 
stock, and all salesmen, solicitors, and agents therefor, to give to 
every person ordering any nursery stock a duplicate copy of such 
order which shall show: 

1. The name and location of the nursery where such stock is 
grown. 

2. The name of the nurseryman from whom ordered, and the 
name of the solicitor, salesman, or agent taking such order. 

3. The date of the order and when delivery is to be made. 

4. The number, name, age, and price of such variety of tree or 
plant ordered. 

In the event of the shipment into this state from any point 
without this state of any nursery stock, by a person, firm, or cor- 
poration not licensed to do business in this state, as in this act 
provided, it shall be the duty of the purchaser or person receiv- 
ing such nursery stock to have the same inspected by a horticultural 
inspector, in the same manner as is required upon the delivery 
of nursery stock sold and delivered by a licensed nurseryman or 
dealer in nursery stock within this state, and to pay an inspector's 
fee of ten per cent of the invoice price of such shipment; pro- 
vided, that the minimum fee for such inspection shall be fifty cents 
and the actual and necessary traveling expenses of the inspector 



DEPARTMENT OF AGRICULTURE 



making the inspection; and provided, further, tliat no inspection 
fees sliall be collected in excess of the regular inspection fees, where 
such stock is shipped to a person, firm, or corporation, holding 
a Montana license, as provided in this act. 

Licenses granted under this act shall be for one year, unless 
revoked for any violation of this act. 

Notice of Nursery Shipments. 

Section 48. It shall be the duty of every person, firm, or cor- 
poration, licensed to do business under this act to notify the 
Commissioner of Agriculture of his intention to ship an invoice 
of fruit trees, plants, or nursery stock not previously inspected 
under the provisions of this act, from one point to another in this 
state, or from any point without this state into this state. The 
said notice shall contain the name and address both of the con- 
signor and consignee, and the list of the goods to be shipped, the 
freight or express office at which the goods are to be delivered, 
and the name or title of the transportation company from whom 
the consignee is to receive the goods. Such notice shall be mailed 
at least five days before the day of shipment. 

Section 49. Any person or persons who shall receive and 
accept any nursery stock, fruit trees, plants, vines, scions, cuttings, 
grafts, etc., etc., that have not been inspected by a duly appointed 
inspector of the Commissioner of Agriculture, and shall use or 
dispose of said nursery stock, fruit-trees, vines, plants, scions, 
cuttings, grafts, etc., etc., without first notifying the inspector 
and furnishing him an opportunity to examine, and, if necessary, 
fumigate said nursery stock, will be deemed guilty of a misde- 
meanor, and will be subject to fine as further provided in this act. 

Section 50. All nursery stock, trees, plants, vines, and cuttings 
grown or growing within the State of Montana, used for filling 
orders, shall after said stock shall in the manner and at the times 
designated by the Commissioner of Agriculture, and before the 
same shall have been packed for delivery, be inspected by a duly 
appointed inspector, and shall be disinfected by fumigating or other 
method, when, in his judgment such is necessary. After such in- 
spection if it be found that said nursery stock, trees, plants, vines, 
and cuttings are clean and free from insects and fungi pests, he 
shall issue his certificate to said nurseryman, and said certificate 
shall entitle him to use said stock, so inspected and disinfected, 
for filling orders for the next current delivery; and said in- 
spector's certificate shall be furnished to those entitled to them 
at a price not to exceed forty cents per hundred. 

Nurseries shall give to the Commissioner of Agriculture five 
days' notice of the time when said stock shall be ready for in- 
spection under the provisions of this act 

Section 51. Any person or persons, corporation or corpora- 
tions, transportation companies, or common carriers, violating any 
of the provisions of this act, shall be deemed guilty of a misde- 
meanor, and fined in the sum of not less than twenty-five dollars nor 
more than three hundred dollars. 

May Establish Quarantine. 

Section 52. The Montana Commissioner of Agriculture is here- 
by authorized and empowered to establish a quarantine over any 
orchard or place where fruits are grown or kept, that is infested 
with any injurious disease or insect pest; and said commissioner 
may establish such rules and regulations governing such quar- 
antine, and regulating or restricting the use of such fruits upon the 
premises, or the shipment or disposition of the same, as he may deem 
necessary to prevent the spreading of such disease or diseases or 
insect pests. 



LABOR AND INDUSTRY 21 



Any person who shall violate the provision of this section, oi* the 
rules and regulations established by said Commissioner of Agricul- 
ture, or who shall ship or dispose of any diseased or infested 
fruit or fruit products in violation of the order of said commis- 
sioner, shall be deemed guilty of a misdemeanor, and upon con- 
viction thereof, shall be fined in the sum of not less than twenty- 
five dollars nor more than three hundred dollars. 

May Collect As Taxes. 

Section 53. Whenever, under the direction or regulations of the 
Montana Commissioner of Agriculture, any money is expended by 
said board for the purpose of eradicating any disease or insect 
pest from any orchard or other place where fruits are grown 
or kept, said commissioner, through its representative, shall notify 
the owner of such orchard or premises in writing of the amount 
so expended plus an additional charge of twenty-five per cent of the 
amount so expended. Said notice shall be mailed to the last known 
address of such owner, and if such owner shall fail to pay the 
amount so expended by said commissioner plus an additional charge 
of twenty-five per cent of the amount so expended, within thirty 
days of the time such notice is sent, then and in that event the 
commissioner shall file a statement, verified under oath by him- 
self or his representative, with the county treasurer in the county 
wherein said money shall have been expended. Said statement shall 
set forth the amount so expended plus an additional charge of 
twenty-five per cent of the amount so expended, together with the 
correct description of the property on which such money was ex- 
pended as it appears on the assessment roll of the county. The 
county treasurer shall add the total amount as set forth in said 
statement to the taxes upon said property, and shall collect the 
same as provided by the law for the collection of taxes for state 
and county purposes. 

Section 54. The county treasurer in any county where any 
money is collected as provided in section 53 of this act, shall, on 
or before the first day of February of each year, remit the amount 
to the state treasurer, who shall deposit same to the credit of 
the general fund of the state. 

Section 55. It shall be the duty of the Commissioner of Ag- 
riculture, or his authorized representative or inspector, to inspect 
all apples packed for sale or shipment pursuant to the provisions 
of Chapter 113 of the Laws of the Thirteenth Legislative Assembly of 
Montana of 1913, and acts amendatory thereof, and said commissioner 
is hereby authorized to certify to the grade and pack thereof, 
and to charge the owner, packer or shipper of any such apples 
a fee to be fixed by said Commissioner of Agriculture for such 
services, and said commissioner may make such rules and regu- 
lations regarding such inspection, not in conflict with the laws 
of the state, as he may deem proper. 



22 DEPARTMENT OF AGRICULTURE 



DIVISION OF LABOR AND PUBLICITY. 

Section 56. The Division of Labor and Publicity. The de- 
partment of Agriculture, Labor and Industry, through the Division 
of Labor and Publicity, shall be charged with the duty of en- 
forcing all the laws of Montana relating to hours of labor, con- 
ditions of labor, protection of employees, and all laws relating lo 
child labor regulating the employment of children in any manner; 
it shall also be the duty of such Division to administer all the 
laws of the state relative to free employment offices. 

Section 57. It is the duty of the city council of any incorporated 
city of the first or second class within this state, and it shall be 
lawful for the city council of any other incorporated city, to provide 
for the establishment of a free public employment office to be con- 
ducted on the most approved plans, and to provide for the ex- 
penses thereof out of the revenues of the city in which the same 
is established. The annual report of the Department of Agriculture, 
Labor and Industry shall contain a detailed account of all such 
free employment offices within the state showing the number 
of applicants for employment, the number securing employment, and 
the expenses of maintaing such office. 

Powers of Commission. 

Section 58. In discharging the duties imposed upon the Di- 
vision of Labor and Publicity, the Commissioner of Agriculture 
shall have power to administer oaths, to examine witnesses under 
oath, to take depositions or cause same to be taken, to deputize 
any male citizen over the age of 21 years to serve subpoenas 
upon witnesses, and to issue supoenas for the attendance of wit- 
nesses before him in the same manner as for attendance before 
district courts. The Commissioner of Agriculture shall likewise 
have the authority to inspect any mine, factory, workshop, smelter, 
mill, warehouse, elevator, foundry, machine shop or other industrial 
establishment, and any person who shall refuse to the commission- 
er, admission to any of the industrial establishments herein enum- 
erated when admission is requested for the purpose of inspection, 
or who shall, when requested by the commissioner, wilfully neglect 
or refuse to furnish to him any statistics or other information 
which may be in the possession or under the control of such per- 
son, or who shall refuse to obey any subpoena issued by the com- 
missioner, shall be deemed guilty of a misdemeanor and be punished 
accordingly. Nothing herein contained shall in any manner con- 
fer upon the Commissioner of Agriculture the authority to inter- 
fere in any manner with the conduct of the matters under the control 
of the Industrial Accident Board, nor shall said commissioner be 
charged with the duty of enforcing any of the laws of the State 
of Montana pertaining to the affairs of said Industrial Accident 
Board, nor with the enforcement of the safety provisions of the 
Workmen's Compensation Act. 

Statistical Publications. 

Section 59. The Department of Agriculture, Labor and Industry, 
through the Division of Labor and Publicity, shall prepare statistics 
and data, and shall publish a report relating to the agricultural, 
commercial, mining, manufacturing and other resources of the 
state, and such report shall be published and distributed in such 
form and quantity as in the judgment of said department may 
be deemed expedient and practicable. All reports sent out by said 
department shall bear a certificate thereon to the effect that they 
are issued by the authority of the State of Montana. The depart- 
ment shall also open correspondence with bureaus of emigration, 
boards of trade, and other organizations who are willing to assist 



LABOR AND INDUSTRY 23 



in disseminating information in regard to tlie climate, industries 
and resources of tlie State of Montana to the end tliat sucli in- 
formation may become as generally available as possible. 

Section 60. It is hereby made the duty of all state and county of- 
ficers to furnish to the Division of Labor and Publicity any data, statis- 
tics and information under their control when requested by said depart- 
ment, relating to the population, industries, climatic conditions and 
assessed valuation of the state or any subdivision thereof. 



MONTANA STATE FAIR, 

Section 61. The department of agriculture, labor and industry, 
through the Division of Labor and Publicity, shall have entire charge 
and control of the Montana State Fair, and it shall be its duty to 
cause the holdings of said fair in the manner provided by Sections 
1 and 2 of Chapter 47 of the laws of the Twelfth Legislative As- 
sembly of 1911. 

Section 62. To assist said department in the management and 
conducting of said State Fair, there shall be a State Fair Advisory 
Board consisting of one representative from each county to be ap- 
pointed by the Board of County Commissioners; the members of 
said board shall hold office for a period of four years and until 
their successors are appointed and qualified; members of said board 
shall take the constitutional oath of office and shall file the same 
in the office of the Secretary of State. The duties of the Advisory 
Board shall be to aid in making the State Fair a success, to per- 
form such duties as shall be imposed upon them by the Commis- 
sioner of Agriculture, and in particular to see that the several 
counties of the State are represented at said fair by proper and 
comprehensive exhibits. Members of said board shall be paid the 
sum of five dollars per day together with actual traveling expenses 
for time expended by them in performing the duties of their office. 

Section 63. The Commissioner of Agriculture is hereby author- 
ized to appoint as many members of the State Fair Advisory Board 
or such other persons interested in agriculture, livestock or allied 
activities as he may see fit to act as a committee to assist him in 
the immediate management and control of the State Fair, and it 
shall be the duty of such committee to attend upon the order of 
the Commissioner of Agriculture, and to perform such duties as he 
may require. 

Section 64. The Commissioner of Agriculture shall have the 
care and custody of all property belonging to the State Fair, and 
shall be entrusted with the direction and administration of all of its 
business and affairs, and shall adopt and enforce all necessary 
rules for the conduct and management of the fair and for the regula- 
tion of its officers and employees. Said commissioner shall arrange 
for the letting of stalls, stands, and all other priviliges and con- 
cessions, provided, however, that as entrance fees, money derived 
from the letting of privileges and as to prizes offered, said mat- 
ters shall be approved by the State Board of Examiners. 

Section 65. The State Fair shall be permanently located on the 
present grounds now owned by the state and devoted to that purpose, 
located north of the city of Helena, in Lewis and Clark County, and 
such additional lands as may hereafter be obtained in connection 
therewith are hereby dedicated for the use of the Montana State 
Fair. 



24 DEPARTMENT OF AGRICULTURE 

USE OF FEES A^D EARNINGS. 

Section 66. All fees and earnings of the Department of Agri- 
culture, Labor and Industry and its divisions and activities from 
whatsoever source they may be derived, and all contributions which 
may be received from public or private bounty, are hereby annually 
and perpetually appropriated for the use of said Department of 
Agriculture, Labor and Industry. All moneys received by the De- 
partment of Agriculture, Labor and Industry in the administration of 
all laws and the management of the institutions under its control, 
belonging to or for the use of the state, shall be deposited with 
the State Treasurer on the tenth and twenty-fifth days of each 
month without deduction of any sort on account of salaries, fees, costs, 
charges or expenses or otherwise, and shall be credited to the gen- 
eral fund of the State of Montana. The State Auditor shall keep 
upon his books on account to be known as the "State Fair Re- 
volving Appropriation Account," to which shall be credited all gen- 
eral fund receipts of every nature arising from the operation of 
the State Pair, and from which shall be paid such claims as may 
be designated by the State Board of Examiners; and the State 
Auditor shall keep upon his books another account to be known 
as the "Department of Agriculture Revolving Appropriation Account," 
to which shall be credited all other general fund receipts arising from 
all operations of the Department of Agriculture, Labor and Industry 
other than the State Fair, and from which shall be paid such other 
claims of the Department of Agriculture, Labor and Industry as may' 
be designated by the State Board of Examiners. The State Board 
of Examiners may, in its discretion, by resolution duly adopted and 
entered upon the minutes of said Board, authorize the establishment and 
maintenance in the business office of the Department of Agriculture, 
Labor and Industry or any of its divisions, one or more Contingent 
Revolving Accounts, transferring in trust to said Department such 
sum or sums of money as may appear necessary for the payment 
of demands requiring immediate cash payment, under specific reg- 
ulations to be established by said Board of Examiners. But each 
and every division so granted a Contingent Revolving Account shall 
report to the State Board of Examiners monthly all transactions 
involving such Contingent Revolving Accounts, with proper vouch- 
ers for every payment made therefrom. The State Board of Ex- 
aminers may cancel or modify such authorizations and recall such 
funds or any part thereof at pleasure. Provided, however, that 
nothing in this Act shall be construed as preventing the estab- 
lishment and maintenance by the State Board of Examiners of 
Contingent Revolving Accounts in the divisions of Grain Standards 
and Marketing, of Horticulture and of Labor and Publicity, trans- 
ferring in trust to the business offices of such divisions such sums 
of money as may appear necessary to be used by said divisions 
for the payment of demands, requiring immediate cash payment in 
connection with Grain Grading and Inspection, Orchard Spraying 
and Fruit and Nursery Stock Inspection, and in conducting the 
State Fair, under specific regulations to be established by said 
Board of Examiners. But each and every division granted a con- 
tingent Revolving Account shall report to the State Board of Ex- 
aminers monthly all transactions involving such Contingent Re- 
volving Accounts, with proper vouchers for every payment made 
therefrom. The State Board of Examiners may cancel such author- 
izations and recall such funds at pleasure. 

Section 67. The following offices, boards, commissions, and de- 
partments of the state government heretofore constituted by law are 
hereby abolished, to-wit: 

The State Board of Horticulture. 

The State Horticulturist. 



LABOR AND INDUSTRY 25 



The Board of Directors of the State Fair. 
The Board of Dairy Commission Examiners. 
The Department of Labor and Industry. 
The Department of Agriculture and Publicity. 
The State Dairy Commissioner. 

The Grain Grading Inspection and Warehousing Commission of 
the State of Montana. 

The State Board of Poultry Husbandry. 

Section 68. The State Treasurer is hereby authorized and 
directed, upon the taking effect of this act, to transfer to the gen- 
eral fund of the State of Montana any money in his hands belong- 
ing to any and all special funds heretofore created by law for the 
deposit of moneys received by the boards and departments men- 
tioned in Section 67. 

Section 69. The Department of Agriculture, Labor and Industry 
is hereby designated as the legal successor of all the offices, boards, 
commissions, and departments mentioned in Section 67 of this act; 
all books, papers, and records of said offices, boards, commissions, 
and departments shall be turned over to the Department of Agri- 
culture, Labor and Industry, and said department is hereby author- 
ized to carry out any contracts, complete any business, or prosecute 
or defend any suits heretofore entered into or instituted by any 
of the officers, boards, commissions, or departments mentioned in 
Section 67 of this Act. 



PITNISHHIENT OF VIOLATIONS. 

Section 70. Any person, firm, company, or corporation who 
shall violate any of the provisions of this Act, or who shall fail 
to comply with any order of the Department of Agriculture, Labor 
and Industry, or of the Commissioner of Agriculture, or any of his 
lawfully constituted agents, provided that said order be made in 
pursuance of the authority granted by this Act, shall be deemed 
guilty of a misdemeanor and punishable by a fine of not to exceed 
five hundrded dollars, or by imprisonment in the county jail for 
not to exceed six months, or by both such fine and imprisonment. 

Section 71. The following acts and parts of acts of the State 
of Montana are hereby repealed: Sections 1, 2, 3, including Section 
3-A contained in said Section 3, and Sections 4, 5, 6, 7, 8, 11, 12. 
13, and 14 of Chapter 199 of the Laws of the Sixteenth Legislative 
Assembly of 1919; all of Chapter 209 of the Laws of the Sixteenth 
Legislative Assembly of 1919 save and except Sections 25 and 28 
thereof; Sections 1917 to 1923 inclusive of the Revised Codes of 1907 
as amended by Chapter 121 of the Laws of the Twelfth Legislative 
Assembly of 1911; Section 1923-A of Chapter 121 of the Laws of 
the Twelfth Legislative Assembly of 1911 as amended by Section 1 
of Chapter 90 of the Laws of the Sixteenth Legislative Assembly 
of 1919; Sections 1924, 1925, 1927, 1930, 1931, 1932, 1933, 1934, 1936, 
1937, 1938, 1939, 1940 to 1944 inclusive of the Revised Codes of 
1907 as amended by Chapter 121 of the Laws of the Twelfth Leg- 
islative Assembly of 1911; Sections 3 to 11 inclusive of Chapter 47 of 
the Laws of the Twelfth Legislative Assembly of 1911; Chapter 55 
of the Laws of the Thirteenth Legislative Assembly of 1913; Chapter 
15 of the Laws of the Twelfth Legislative Assembly of 1911; Chap- 
ter 56 of the Laws of the Thirteenth Legislative Assembly of 1913; 
Chapter 132 of the Laws of the Fourteenth Legislative Assembly 
of 1915; Chapter 127 of the Laws of the Sixteenth Legislative As- 
sembly of 1919; Chapter 69 of the Laws of the Thirteenth Legislative 
Assembly of 1913. 

Section 72. This Act shall take effect and be in full force from 
and after April 1st, 1921. 

Approved March 5, 1921. 



LIBRARY OF CONGRESS 



003 178 216 8^ 



